Policy paper

Crime and Policing Act: sexual offences against children under 16 factsheet

Updated 30 September 2026

What are we going to do?

In response to recommendation 1 of Baroness Casey’s National Audit of Group Based Child Sexual Exploitation, we are changing the criminal law to ensure that adults who have penetrative sex with children under 16 can be charged with rape or an equally serious offence for other penetrative sexual activity, regardless of consent or reasonable belief in consent.

These new offences will sit alongside existing offences, giving prosecutors the tools they need, and helping to ensure that the law treats children as children. 

How are we going to do it?

The Government is creating three new offences: rape of a child under 16; assault of a child under 16 by penetration; and causing or inciting a child under 16 to engage in sexual activity involving penetration. 

The new offences cover rape and other penetrative sexual activity with a child under 16 by an adult, where that adult did not reasonably believe that the child was aged 16 or over (as long as they were at least 13). The offences will not require proof of a lack of consent and reasonable belief in consent. 

The offences strengthen the principle, already clear in the criminal law, that it is inherently wrong for an adult to engage in penetrative sexual activity with a child under 16. These offences, which will carry a maximum penalty of life imprisonment, will sit alongside existing sexual offences such as sexual activity with a child.  

The new offences will only apply to adults aged 18 or over, ensuring the law continues to distinguish abuse by adults from sexual activity between peers. 

This is the first step. As well as introducing these new offences, we will conduct a post-implementation review of them to test what impact they are having and consult the public on how to treat close-in-age relationships.

Background

In February 2025, the Government asked Baroness Casey to conduct a National Audit into group-based child sexual exploitation[1] following media and parliamentary concern about the criminal justice response. The Government accepted all the Audit’s recommendations. 

Recommendation 1 was that the law in England and Wales should be changed so adults who intentionally penetrate the vagina, anus or mouth of a child under 16 receive mandatory charges of rape. The Audit also recommended “consideration of a ‘Romeo and Juliet clause’ to prevent criminalising teenagers in relationships with each other.”

Currently, for victims aged 13–15, to secure a conviction for rape or similar offences, prosecutors must prove lack of consent and lack of reasonable belief in consent, which Baroness Casey found can lead to less serious charges where a child appears to consent – despite in some cases being subject to grooming and exploitation. 

Under existing child sex offences involving children aged 13–15, the prosecution must prove that the accused did not reasonably believe that the child was 16 or over. This has been mirrored in the new under-16 sex offences in the Crime and Policing Act 2026, maintaining consistency across child sex offences .  We will conduct a post-implementation review of the new offences including the operation of the reasonable belief as to age element of the offences.

The Audit’s recommendation that the Government consider a close-in-age exemption to prevent criminalising teenagers in relationships with each other raises complex social, moral and ethical questions.

That is why we are carrying out a public consultation to consider how to treat close-in-age relationships within the relevant child sexual offences. Consulting also allows us to gather detailed professional insight and operational perspectives to ensure that any future proposals are informed by evidence and appropriately targeted.